Maybe, maybe not. I don't think that is relevant when they are violating Twitter terms of use - by looking at the profile, it is clear they are impersonating you (https://support.twitter.com/entries/106373#). If I were you I would report them for impersonation if you haven't already... (https://support.twitter.com/forms/impersonation)

About two days after this post, the twitter account went dark (or at least I can't see it anymore). My next step was actually to set up an account and tweet this person to work something out. Since this is no longer an option, I contacted twitter, but I haven't heard a peep out of them.